Can my husband get an H1?

[rebecca311]

My husband came to the US on an H1 vISA IN 1999.In 2004 he switched to a De pendent J2 Visa(since I am the primary j1 Visa holder).In October 2005 we applied for a GC under the National Interest waiver before the retro deadline and I switched to an H1 b Visa

We are not sure if the GC would be approved .My husbands initial H1 for 6 Years was supposed to have ended in October 2005 but he swiched to a J1 in October 2004.

My question is if a new employer files an H1 for him can he get a new H1 Visa.If he does get a new H1 Visa will it still be valid for another 6 years

 

[GotPR?]

New 6 years is granted only if one stays out of the US for more than a year. Since your husband has been in the US, he will not get 6 years validity, however, his J1/J2 period is not counted into 6 years and he can use that period for H1.

There are a couple of things to consider in his case.
First, if he is allowed to change of status or not. J1 has some restriction for COS. Please read the instruction of this.
http://uscis.gov/graphics/formsfee/forms/files/i-539.pdf

Second is if he can go beyond 6 years with H1 in case his H1 is approved. If he did not file LC/I140 365 days before 6 year expiration, he can not extend beyond 6 years.